Repositorio Institucional de la Universidad de Lima - El reconocimiento del DJ Set como obra de arte protegible por el derecho de autor peruano

Resumen

The present thesis establishes the protectability of DJ Sets as works of art by Peruvian Author’s Rights Law, since in practice its creation implies the use of musical phonograms of third-party owners other than the person of the DJ, without the latter having express and written authorization from the formers. In this sense, and in light of constructing a solid theoretical basis, it begins by analyzing foreign doctrine, legislation and jurisprudence on subject matters closely linked to DJ Sets, such as sampling, both from the point of view of Anglo-Saxon Copyright Law and Author’s Rights Law of continental Europe. Subsequently, the DJ Set is subsumed in accordance to Peruvian author’s rights legislation as a compilation, since in the research process of this investigation, a satisfactory fieldwork was carried out consisting of requesting the registration of a DJ Set crafted by the author to the National Copyright and Neighboring Rights Registry, among other considerations of theoretical order. In addition, it recognizes the DJ Set as an expression of the liberty of artistic creation, and a manifestation of the exercise of the fundamental right of cultural access. Finally, it concludes by proposing two (02) modifications to the Peruvian Author’s Rights Act (Legislative Decree 822): First, the inclusion of a definition of the sine qua non requirement of originality, in terms of creativity; and second; the addition of a new concept of a generic protectable work to the enunciative list of the Legislative Decree 822 – the remix.